DIVISIONAL CONTROLLER Vs. PRAKASH NAMDEV SINDE

JUDGEMENT

(1.) The matter is heard for final disposal with the consent of the learned advocates for both the sides.

(2.) By the present petition filed under Article 226 of the Constitution of India, the petitioner has challenged the order dated 10.9.2014 passed below Exh. 12 by the Industrial Tribunal, Vadodara in Application (I.T.) No.38 of 2009 whereby the Tribunal allowed the application Exh. 12 raising preliminary issue and rejected the approval application at Exh. 1 of the petitioner filed under section 33(2)(b) of the Industrial Disputes Act, 1947 ("the Act).

(3.) As per the facts stated in the petition, the respondent No.1 was dismissed from service on31.8.2009 following the departmental inquiry held against him. However, since the Reference (I.T.) No. 39 of 2003 was pending, the petitioner filed application to approve action of dismissal of the respondent No.1. The respondent No.1 raised preliminary issue by filing application Exh. 12 stating that the petitioner has not paid full amount of wages as per section 33(2)(b) of the Act and therefore whether the petitioner has complied with the provisions of section 33(2)(b) or not is required to be decided as a preliminary issue.